Congress
Lesson Objective: To
understand the powers
and responsibilities of
the Legislative Branch
Essential Questions:
What is the purpose of the two houses of
Congress?
What powers does Congress have?
What are the checks on Congressional
Power?
Key Terms
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Bi-Cameral
House of Representatives
Senate
Gerrymandering
The Speaker of the House
House Leadership
Constituents
Incumbency
Article I- Legislative Branch of Government
• Bi-Cameral institution
• Senate- Upper House
– Two senators from each state
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6 year terms (1/3 up fopr reelection every 2 years)
30 years old
9 years as U.S. resident & resident of the state
Originally elected by state legislatures – 17th Amendment
• House of Representatives- Lower House
– Determined by population- Each state gets at least 1
• 2 year terms
• 25 years old
• 7 years a U.S. resident & resident of the state
Powers of Congress
Article I, section 8:
• Law-making
• Lay and collect taxes and
duties
• Declaration of war
• Coin Money
• Regulate commerce with
foreign nations and between
states
• Establish federal courts
• Establish bankruptcy laws
• Establish rules of immigration
and naturalization
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Issue patents and copyrights
Borrow money
Define and punish piracy
Provide for a militia
Exercise power over D.C.
Override presidential veto
The Elastic Clause
• The last power granted to Congress is to:
– To make all laws necessary and proper to carry out the
foregoing powers
• This allows Congress to expand its powers beyond
what is stated in the Constitution
• Has been traditionally interpreted by the courts to
give broad powers to Congress and the Federal
government
– Somewhat less in the past two decades
• Why is this an important part of the constitution?
The Senate
• Currently 100 members
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More personal
Senators are generalists
Less formal
Weaker leadership
• Six year terms allow Senators to be less responsive to
the people and take unpopular stances on issues
• Unique to the Senate
– Filibuster- can talk a bill to death
• Ended by cloture vote- need 60 votes
– Vice president is presiding officer- rarely there (can vote to
break ties)
– Senate pro tempore- normally senior senator from majority
party
– Real power in Majority leader
Harry Reid- Senate Majority Leader
Mitch McConnell- Senate Minority Leader
The House of Representatives
• Fixed at 435 members
• House is much larger than the Senate
– House has stricter rules governing debate
– Stronger leadership
– Members tend to be specialists in their fields ex.
health/ education/ foreign affairs
• More Partisan – why?
• Unique powers:
– All money bills must originate in the House
– Impeachment occurs in the House
– Speaker of the House is leader
The Speaker of the House & House
Leadership
• Elected by entire house at beginning of each new
session of Congress-Always from majority partyNot a rule; but a political fact
– Serves until leaves the house, decides to step down, or
party loses the majority
• Official head of the House of Representatives
• Second-in-line for presidency
• Other leadership positions- elected by their parties
– Majority Leader- #2 in the House
– Majority Whip- Job is to rally support for bills; make
party members fall in line
PRESIDENTIAL LINE OF SUCCESSION
Speaker of the House John Boehner
Majority Leader
Eric Cantor
Minority Leader
Nancy Pelosi
House of Representatives
The Senate
Unique Characteristics of the Senate
Unique Characteristics of the House
Shared Characteristics
Being in Congress
• Two constituencies:
– Party leaders, colleagues, and lobbyists (D.C.)
– People in their home state or district
• Congressmen/women work long days with busy
schedules- in D.C. and at home
• Goal is to be reelected
– Balance needs of both constituencies to be reelected
• Incumbents have significant advantage in elections
– Have name recognition and money that challengers do notabout 95% win reelection
• Most are older, richer, better educated and whiter than
general population
– Getting more diverse
Theories of Representation and
Decision Making
• Trustee- use their own judgment
• Delegate- vote how their constituents want
• Politico- combination of the two, issue to
issue
• Making Decisions
– Party loyalty
– Constituents
– Colleagues and Caucuses
– Interest groups and Super PACs
Who influences the decision?
How?
Who influences the decision?
How?
Who influences the decision?
How?
Who influences the decision?
How?
Balance of Power
• Power shifts between Congress and other branches of
Government
– Since FDR, executive branch has wielded considerable power over
Congress
• Congressional Oversight
– Has power to review actions of government agencies- looks into
fraud and other scandals
• Can seem like political attacks-any examples today?
• Foreign Affairs
– Power to Declare War
– War Powers Act
– Ratification of treaties
• Impeachment
• Confirmation of Appointments
• Judicial review- biggest check on power of Congress by the
courts
Congressional Elections
• Very different from Presidential Elections
– Not as much media coverage
– Most candidates are little known state legislators
• Name recognition
– Incumbency advantage
• Incumbents win most elections
– Get federal money
– Franking privilege
– Constituency service and access
• Incumbents lose for three main reasons
– Coattails
– Scandals
– Redistricting
Midterm Elections
• President’s Party normally loses seats
– Lower turnout
– 2010 midterms- Republicans took back control of House
and Democrats lost their super majority in the Senate
• Voter Turnout
– Voters are better educated, richer, and older
– Gender
– Race
– Interest
• Changes from year to year- candidates and issues
play a big role in voter turnout
Congress Quiz
1. What Amendment provided for direct election of
senators?
2. What is the most powerful position in Senate
Leadership?
3. (T/F) Congress demographically represents the
United States.
4. The House is (more/less) partisan than the Senate?
5. What is the Judicial Branch’s best check on
legislative power?
Congressional Elections Quiz
1. What is the term for drawling politically motivated
congressional districts?
2. What is the biggest advantage in Congressional
elections?
3. What is the coattail effect?
4. (T/F) The President’s Party normally gains seats in
Midterm elections.
5. The privilege of free mass mailings is called the
____________.